1.1.

Purpose and Intent. The purpose of this Article is to regulate the planting and preservation of landscape materials; to promote the general health, safety and welfare of our citizens; to facilitate the creation of an attractive environment; to protect property values and to further the design and economic development objectives of the Hamilton Comprehensive Plan. To these ends, these regulations are intended to promote the planting and preservation of landscape materials which:

1.

Provide screening and buffering between incompatible land uses.

2.

Provide parking lot landscaping to reduce the harmful effects of heat, noise and glare associated with motor vehicle use.

3.

Provide shade and enhance the appearance of areas.

4.

Provide for the creation of safe, attractively landscaped areas adjacent to public streets by using landscape materials that separate vehicular and pedestrian areas.

5.

Provide for the protection of ground and surface water quality and air quality through the mitigating effects of trees and vegetated areas.

6.

Provide for useful and attractive open space areas.

1.2.

Applicability. The provisions of this Article shall apply to all site plans, subdivision applications and all zoning permit applications within the corporate limits approved after the effective date of this Ordinance including those which include the reconstruction and enlargement of existing structures. This Article does apply to the enlargement of any parking lot, but does not apply to the resurfacing of any existing lot. This Article shall apply to construction associated with a parking lot with greater than five spaces and the construction, extension or widening of any public or private street.

1.3.

Landscape Plan Required. A landscape plan meeting the requirements of this Article is required for all subdivisions and site plan applications.

1.4.

Review Procedures. The Zoning Administrator shall be responsible for the review of all landscape plans. The Zoning Administrator shall forward an evaluation of any required landscape plan to the Planning Commission or Town Council, as appropriate, before final approval of any subdivision and/or site plan application.

1.5.

Contents of Landscape Plan. A certified Engineer, Land Surveyor, Landscape Architect, Landscape Contractor, or other individual with professional experience in landscape architecture shall prepare every landscape plan required by this Article. All landscape plans shall contain the following information:

1.

Scale. Plans shall be drawn to a scale of not less than 50 feet to the inch on sheets not exceeding 24 by 36 inches.

2.

Contents. All plans shall illustrate with sufficient detail the location of all proposed construction including driveways, parking areas, curbs, sidewalks, utility lines, structures and landscape areas. Landscape areas shall indicate dimensions, and all proposed trees and plants shall be illustrated.

3.

Schedule. All plans shall be accompanied by a schedule of plants proposed, including the number proposed, their height, caliper or gallon size, as well as their common and botanical names.

4.

Open Space. All plans shall include a table calculating the amount of open space and number of plants and trees required by the Zoning Ordinance and the amount of open space and number of plants and trees provided.

5.

Existing Vegetation. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation shall be illustrated or explained.

2.1.

Applicability. Street tree planting is required any time a public street is constructed, extended or widened. This requirement shall apply to all zoning districts. Where parking lots abut public street rights-of-way, the requirements of Section 3.2 of this Article shall apply.

2.2.

Street Tree Standards.

1.

Species. Tree species shall conform to those identified as street trees on the plant list of Section 5.3 of this Article. Substitutions may be made with the permission of the Zoning Administrator. All street tree plantings must be approved by the Zoning Administrator. In reviewing plans for street tree plantings the Zoning Administrator shall consider:

a.

The size, type and condition of existing street trees;

b.

The adopted design study, landscape plan, or design theme for the street;

c.

The majority of street trees planted shall be medium or large scale canopy trees to provide shade and visual relief; and

d.

Flowering ornamental trees should be planted in groups.

2.

Number. One tree for every forty (40) feet of street frontage.

3.

Location. In commercial zoning districts all street trees shall be located in the required landscape area adjacent to the street. In residential zoning districts street trees shall be located generally within 20 feet of the right-of-way. Nothing in this Section shall be construed as to require that tree plantings be planted at even intervals, but they must meet the minimum requirements of this article.

3.1.

Applicability. All parking areas described below, unless explicitly exempted, must be landscaped as described in this Article. For the purposes of this Article, parking lots are defined as any area used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether these vehicles are or are not for sale or lease. This definition includes, but is not limited to, parking lots and display areas for automobile dealerships and service stations. The area of the parking lot shall be calculated to include all paved areas used for ingress/egress.

3.2.

Perimeter Parking Lot Landscaping.

1.

Definition. Perimeter parking lot landscaping shall include all landscape areas outside the perimeter of the parking area of the lot including any landscape area required adjacent to a public street.

2.

Applicability. The requirements of this Section shall apply to the construction or enlargement of any parking lot with five or more parking spaces. No perimeter parking lot landscaping shall be required if a Screen-2 or Screen-3 as described in Section 4.4 is required.

3.

Parking Lots Adjacent to Public Streets.

a.

Landscape Area. A continuous landscape area 10 feet in width, not including the sidewalk, shall be located between the parking lot and the property line. If road improvements are necessary across the frontage of the property, a continuous landscape strip with an average width of 10 feet may be provided to meet the requirements of this Section. If a parking lot is built adjacent to an existing parking lot that has landscape area, narrower than ten feet in width, the width of the existing landscape area may be continued provided that it is at least four feet wide.

b.

Number of Trees. One tree for each 40 feet of frontage shall be planted in the landscape strip. Nothing in this Section shall be construed as to require that tree plantings be planted at even intervals, but they must meet the minimum requirements of this article.

c.

Screening Adjacent to Public Street. All parking lots adjacent to the public street must be screened along at least one-half of the street frontage. Screening shall be accomplished through the planting of shrubs, hedges or the creation of berms. No plant material or berm shall obstruct the sight distance of motorists entering or leaving the site.

d.

Species. All trees planted to meet the requirements of this Section shall be street trees as identified in Section 5.3 (plant list).

4.

Other Parking Lots.

a.

Landscape Area. A continuous landscape area, at least five (5) feet in width, shall be located between the property line and the parking lot.

b.

Number of Trees and Shrubs. One tree and three shrubs for every 50 feet of frontage shall be planted in the landscape area. Nothing in this Section shall be construed as to require that tree plantings be planted at even intervals, but they must meet the minimum requirements of this article.

c.

Species. All trees planted to meet the requirements of this Section shall be canopy trees as identified in Section 5.3 (plant list).

3.3.

Interior Parking Lot Landscaping.

1.

Definition. Interior parking lot landscaping is any landscape area over 50 square feet in area within the perimeter of a parking area and greater than five feet from any principal structure.

2.

Applicability. These requirements shall apply to the construction or enlargement of any parking lot with ten or more parking spaces. Such landscaping shall be in addition to perimeter parking lot landscaping, street tree planting and screening.

3.

Interior Parking Lot Landscaping Standards.

a.

Minimum Landscape Area. Five percent (5%) of the gross area of a paved parking lot. The gross area of the parking lot shall include all paved areas within the lot including areas for ingress/egress. Paved storage areas may be subtracted from this figure for land uses such as lumberyards and warehouses.

b.

Minimum Landscape Area. No landscape area shall be less than 35 square feet. Each landscape area shall have at least one canopy tree.

c.

Number of Trees. One tree for every ten (10) parking spaces.

d.

Number of Shrubs. Three (3) shrubs for every ten (10) parking spaces.

e.

Species. At least three-fourths of the trees planted to meet the requirements of this Section must be canopy shade trees as identified in Section 5.3 (plant list).

3.4.

Modification of Parking Lot Landscaping Requirements.

1.

Properties with Existing Structures Built Prior to Adoption of Article.

a.

Landscape Area Adjacent to a Public Street. The Zoning Administrator may waive or reduce the requirement for a landscape area as described in Section 3.2.3a for properties with structures built prior to adoption of this Article. This requirement may be waived or reduced when the Zoning Administrator finds that the required 10 foot area would serve no useful purpose, would result in a hardship to the property owner and that a suitable screening alternative has been provided where necessary. Alternative screening such as architectural walls may be permitted when approved by the Zoning Administrator.

b.

Perimeter Parking Lot Landscaping. The Zoning Administrator may waive or reduce the requirement for perimeter parking lot landscaping as described in Section 3.2. This requirement may be waived or reduced when suitable screening alternative has been provided that is acceptable to the Zoning Administrator.

c.

Relation of Perimeter and Interior Parking Lot Landscaping. The Zoning Administrator may modify the numerical requirements for the amount of landscape space and amount of plant materials as required in Sections 3.2 and 3.3. If additional landscape area or plant materials are provided that exceeds the requirements of the interior or perimeter parking lot landscaping, the Zoning Administrator may apply this to the alternative perimeter or interior landscaping requirements.

4.1.

Applicability. The requirements of this Section shall apply to all new construction and all reconstruction or enlargement of existing structures constituting more than 50% of the floor area of the existing structure(s). Alternative screening methods and reduced buffer yards may be permitted for enlargement of existing structures constituting more than 50% of the floor area of the existing structure when approved by the Zoning Administrator.

4.2.

Land Use Categories. For the purpose of this Article, existing and proposed land uses are divided into the four major land-use categories: residential, institutional, commercial and industrial. Each category is subdivided to reflect the intensity of the proposed use. For instance, the residential category is divided into single-family detached, single-family attached and multifamily residential. In those instances where a proposed or existing use is not listed below, the Zoning Administrator shall decide which land use category is applicable. If the adjacent property is vacant, the property shall be assumed to be the land use recommended in the Land Use Element of the Town Plan.

1.

Residential.

a.

Ra Single-family detached and semi-detached.

b.

Rb Single-family attached (townhouses).

c.

Rc Multifamily residential.

2.

Institutional.

a.

Ia Low Intensity (daytime only) uses including libraries, post offices and churches.

b.

Ib Schools.

c.

Ic Emergency Services including hospitals and fire and rescue stations.

3.

Commercial.

a.

Ca Offices and general retail uses under 5,000 square feet of gross leasable area.

b.

Cb Offices and General retail uses over 5,000 square feet of gross leasable area.

c.

Cc Hotels and motels, fast-food restaurants, convenience grocery stores, vehicle sales and service.

4.

Industrial.

a.

INa Industrial uses without outdoor storage.

b.

INb Industrial uses with outdoor storage.

4.3

Buffer-Yards.

1.

Definition. Buffer-yards are land areas provided to buffer adjoining land uses and shall be used for the planting of landscape materials. Buffer-yards shall not be used for the storage of materials, buildings, parking or loading areas for motor vehicles or equipment or signs. Driveway and entrances connecting adjacent parking lots or developments may interrupt the required buffer-yard.

2.

Relation to Setbacks. Buffer-yards may be provided in the area required for setbacks by the zoning district regulations, except in residential zoning districts. Buffer-yards in residential zoning districts may be provided in any of the following ways: in common open space, in common use easements located outside of the required lot area, or by providing additional yard space in addition to the required minimum yard requirements listed in the residential zoning district regulations.

3.

Buffer-Yards Exceeding Setbacks. In any instance when the buffer-yard required by this Article exceeds the setback required by the zoning district regulations, the buffer-yard required by this Article must be provided.

4.

Credit for Existing Buffer. Any existing buffer-yard proposed to be saved by a subdivision or development plan application, which complies with the intention of this Section, shall be deemed to meet these buffer-yard requirements.

4.4.

Screening.

1.

Definition. This Article establishes three different screens as identified in the matrix in Section 4.5. (Screen 1-an open screen, Screen 2-a semi-opaque screen and Screen 3-an opaque screen). Four separate types of plants are required: large or medium scale canopy shade trees, ornamental trees, evergreen trees and shrubs.

2.

Plant Varieties. Plantings must be identified as suitable buffer plants in Section 5.3 of this Article. The Zoning Administrator may approve alternative varieties.

3.

Number of Plants. Plant materials are required per square foot of buffer area. For example, if the matrix requires a 25-foot buffer along a 100-foot property boundary, a resulting 2,500 square feet of buffer space is required. Screen 1, Alternative A requires five large or medium scale canopy trees, and twenty-five shrubs. Screen 1, Alternative B requires two or three large or medium scale canopy trees, five ornamental trees and twenty-five shrubs.

4.

Alternative Screens and Modifications. Alternative planting programs achieving the objectives of the required screens are permitted to allow flexibility in landscape design. The Zoning Administrator may approve any of the alternative screens provided below or a combination of the alternatives if the applicant can demonstrate that the objective of the screen has been met. The Zoning Administrator may reduce or eliminate the requirements for evergreen trees or shrubs if a landscape plan proposes the use of hedges, shrubs, walls, or berms that achieve the objective of the required screen.

a.

Screen 1. An open screen between relatively similar land uses. Open screening shall provide an attractive separation between the land uses. Screen 1 shall consist of one of the three alternative planting programs (A, B, or C) described below or as otherwise approved as described in subsection 1 above:

Note: All figures are for per square foot of required buffer-yard. Tables express number of plants required per square foot of buffer-yard.

b.

Screen 2. A semi-opaque screen between land uses which are dissimilar in character. Semi-opaque screening should partially block views from the adjoining land uses and create a separation between the adjoining land uses. Screen 2 shall consist of one of the three alternative planting programs (A, B or C)

4.5

Screening and Buffer-Yard Matrix. The screening and buffer-yard matrix describes the requirements for screening and buffer-yards between adjoining land uses. This matrix cross-references Sections 4.2 (Land use categories), 4.3 (Buffer-Yards), and 4.4 & 5 (Screening).

4.6.

Screening of Outdoor Storage and Loading Areas. All outdoor storage and loading areas created after the adoption of this Ordinance shall be screened from all public streets and adjacent residential properties. An opaque screen at least eight feet in height comprised of plants, trees, walls or other opaque materials must be provided.

4.7.

Modifications of Screening and Buffer-Yard Requirements.

1.

Buffer-Yard Exceeding 15% of Area. No buffer-yard shall be required which comprises more than 15% of the subject property. In any case which the required buffer-yard would exceed 15% of the buffer-yard, such yard shall be reduced to 15% of the gross area of the site.

2.

Construction of Walls. Screening and buffer-yard requirements shall be reduced by one-half (frax;1;2>) where the developer constructs a six-foot high brick or architectural block wall.

3.

Temporary Uses. Screening and buffer-yard requirements may be reduced or eliminated by the Zoning Administrator for temporary uses of property.

4.

Combined Development Plan. The Zoning Administrator may modify or reduce the requirements for screening and buffer-yards when the adjoining land uses are developed under a combined development plan.

5.1.

Minimum Specifications for Plant Materials.

1.

Condition. All plants required by this Article shall be well branched and well formed, sound, vigorous, healthy and free from disease, sunscald, windburn, abrasion and harmful insect or insect eggs and shall have healthy, normal and unbroken root systems. All plants shall comply with the American Association of Nurserymen's Standards and conform to the representative species.

2.

Size. All plant material installed to meet the requirements of this Ordinance shall comply with the minimum size requirements below at the time of planting:

a.

Street Trees. Height: 15 feet; Caliper: three inches.

b.

Canopy Trees. Height: 12 feet; Caliper: Two and one half inches.

c.

Ornamental Trees. Height: 6 feet.

d.

Evergreen Trees. Height: 8 feet; Full-branching.

e.

Shrubs. Height: Two feet.

f.

Hedges. Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting.

5.2.

Planting Procedures. All trees and shrubs shall be installed in a sound manner following accepted professional planting procedures. At a minimum, all trees planted shall have root balls adequate to enclose the entire root system, all trees shall be mulched and staked, and all plants shall be watered at time of installation.

5.3.

Plant List. Plant material in the following list may be used to satisfy the requirements of this Article. The plant list is divided into the following categories: large canopy trees, medium canopy trees, ornamental trees, evergreen trees, shrubs, hedges and ground cover. Each plant is also classified by the following functions: street trees, parking lot shade trees, and buffer trees. Plants must conform to the varieties and functions identified in this plant list unless alternative varieties are approved by the Zoning Administrator.

5.4.

Preservation of Vegetation and Tree Cover. Existing tree cover within any proposed subdivision or site development plan shall be retained to the greatest extent possible and taken fully into account in the design of the improvements and grading of the property. The Zoning Administrator must approve the removal of any tree that has a diameter of six inches or more measured at a point three feet above the ground. The Zoning Administrator shall approve such removal only when the development or subdivision of the site may not proceed otherwise.

5.5.

Credit for Existing Vegetation.

1.

Hedgerows. Hedgerows preserved at property boundaries may meet the requirements of screening as required by Section 3 of this Article.

2.

Trees. Existing trees preserved on site may be used to satisfy the requirements for parking lot landscaping and street plantings required by Sections 2 and 3 of this Article. Any existing trees used to meet the requirements of this Ordinance must be at least four-inch caliper, in healthy condition and be protected from construction activity. Such protection procedures shall be illustrated on the landscape plan.

3.

Exceptional Trees. Trees of exceptional size, canopy, historic value or age preserved may be credited as four trees for the purposes of this Article if approved by the Zoning Administrator.

5.6.

Monitoring and Enforcement.

1.

Responsibility. The enforcement of the provisions of this Article shall be the responsibility of the Zoning Administrator or designee.

2.

Occupancy Permits. No occupancy permit shall be issued until the plants and other screening materials required by this Article have been installed to the satisfaction of the Zoning Administrator.

3.

Bonds. If the weather prohibits the installation of the required plant materials at the time of occupancy, the applicant may, at his option, post a cash bond for the installation of the required plants. The bond shall be supported by an estimate by a landscape contractor of the cost of installing such landscaping, and a letter expressing the intent of the contractor to install the required plants. If the required landscaping is not installed within six months, the bond shall be forfeited to the Town.

5.7.

Maintenance Requirements.

1.

Responsibility. The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscape materials and fences required by this Article.

2.

Condition. All landscape materials shall be kept in healthy condition, free of all disease and infestation. All fences and screens shall be maintained in a safe and attractive condition.

3.

Repair and Replacement. The owner or agent, upon written notice from the Zoning Administrator, shall repair or replace any landscape materials, screens or fencing not meeting the requirements of subsection 2 above within 30 days.

5.8.

Sight Distance. No tree, shrub, hedge or vegetation, whether or not required by this Article, shall be planted or maintained in any way that interferes with the sight distance of any persons operating any moving vehicle.

6.1.

Purpose. These regulations require the establishment and maintenance of improved open space to provide adequate light, air and space to residents or occupants of all developments. These regulations require the establishment of a nonprofit organization to be responsible for the maintenance of common improvements in all developments and subdivisions, and shall apply to all development plans and subdivision applications submitted after adoption of this Ordinance. The regulations below separately address open space in residential and nonresidential developments.

6.2.

Minimum Open Space Required. Open space shall be provided in an amount required by the Subdivision Ordinance and the district regulations of this Ordinance.

6.3.

Non-Residential Properties. Open space area in nonresidential zoning districts shall be appropriately landscaped and shall not include streets, drives, easements, off-street parking and loading areas, and areas so located or of such size or shape to have no substantial aesthetic or recreational value. Buffer-yards, areas of parking lot landscaping and yard setbacks may be applied toward the requirements of this section.

1.

Maintenance Requirements.

a.

Responsibility. The owner or his agent shall be responsible for the maintenance of all open space areas in a clean, safe and attractive condition.

b.

Condition. All open space areas shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents or occupants this open space is intended to serve.

c.

Repair. The owner or agent, upon written notice from the Zoning Administrator, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Zoning Administrator have not been rectified within the 30-day period or any extension thereof, the Town, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a clean, safe and attractive condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the Town for any costs associated with this repair.

6.4.

Open Space for Residential Properties.

1.

Applicability. These regulations shall apply to all land in common open space, not in lots, in residential developments whether these lands are proposed to be dedicated for public use or not; all improvements provided for common use and benefit whether or not required by this Ordinance; and all lands to be dedicated or conveyed for public use.

2.

General Requirements.

a.

Organization. A nonprofit organization or other legal entity under the laws of Virginia must be established to provide for the ownership, care and maintenance of all open space areas and improvements.

b.

Covenants. All such organizations described in subsection a. above shall be created by covenants and restrictions recorded among the land records of Loudoun County prior to the approval of the record plat. All such covenants shall include provisions for the maintenance of common open space.

3.

Maintenance Requirements.

a.

Responsibility. The organization described in subsection 2a. above shall be responsible for the maintenance of all open space areas and improvements in a clean, attractive and safe condition.

b.

Condition. All open space areas shall be appropriately landscaped and shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents that this open space is intended to serve.

c.

Repair. The owner or agent, upon written notice from the Zoning Administrator, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Zoning Administrator have not been rectified within the 30-day period or any extension thereof, the Town, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a clean, attractive and safe condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the Town for any costs associated with this repair.

6.5.

Submission Requirements. Prior to the dedication, conveyance or approval of the record plat of those lands described in Section 6.4, the following documents shall be submitted to and approved by the Town.

1.

Articles of Incorporation. The Articles of Incorporation, By-laws or other organizational documentation for the nonprofit organization.

2.

Covenants. The covenants or restrictions related to the use of common property including the system and amounts of assessments.

3.

Fiscal Program. A fiscal program for a ten-year period to provide for the maintenance and care of all lands, streets, facilities and uses under the purview of the nonprofit organization.

4.

Right of Entry. A document granting the right of entry upon such common property to the Town police officers, fire and rescue squad personnel while in pursuit of their duties; and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access.

5.

Deed of Conveyance. A copy of the Deed of Conveyance and a Title Certificate or, if approved by the Town, a commitment for a policy of title insurance issued by an insurance company authorized to do business in Virginia, assuring unencumbered title for all lands proposed to be conveyed to the Town, other appropriate governmental agency, or other organization, including the nonprofit organization.

7.1.

Purpose. The purpose of these provisions is to establish regulations controlling the use and type of fences, hedges, or walls. This is for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, and the improvement of the visual environment. This includes the provision of a neat and orderly appearance consistent with the neighborhood and community character.

7.2

Definitions. For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates a different meaning.

FENCE—GENERAL. The word FENCE shall, in general terminology, mean any structure composed of wood, metal, stone, masonry, glass, plastic, or other material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five (5) feet of lot lines, which have solely an ornamental purpose and which do not in fact serve adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE. Definitions of the permitted types of fences are as follows, subject to the other regulations contained in this article:

(A)

HEDGE. A row of dense, closely-spaced living plant material composed of vines, trees, shrubs, bushes, or combination thereof.

(B)

SOLID FENCE. A fence designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than 50 percent of its vertical surface area closed to light and air.

(C)

BOARD-ON-BOARD or ALTERNATING BOARD-ON-BOARD. A fence constructed of vertical wood boards or other natural and permanent material with one-inch nominal size boards between, or upon, a frame of 2-inch nominal members and 4x4 nominal posts.

(D)

LOUVER or VENTILATING FENCE. A fence made of a series of wood slats or other natural material and permanently placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.

(E)

SOLID PICKET FENCE. A fence made up of upright wooden boards or other material that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.

(F)

STOCKADE or PALISADE FENCE. A fence constructed with a row of large pointed stakes of wood or other natural and permanent material placed upright against each other having more than 50% of the area of its vertical plane closed to light or air.

(G)

MASONRY,WALL STONE or BRICK. A solid fence constructed of stone or brick.

(H)

PARTIALLY OPEN FENCE. A fence designed to offer a vertical, but not totally blocked, visual separation. This fence is used where a low level of screening is adequate to soften the impact of the use or where partially visibility between areas is more important than a total visual screen. Partially open fences include:

(1)

PICKET FENCE. A partially open fence made of upright wooden or other approved materials of poles or slats. This fence may be an open fence if the space between the vertical boards is greater than the width of the boards.

(2)

ARBOR or TRELLIS. A fence of latticework used as a screen or as a support for climbing plants.

(I)

OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50% of its vertical surface area open to light and air. Examples of open fences are:

(1)

SECURITY or INDUSTRIAL FENCE. A fence made with metal wire having sharp points, barbs, edges or other attached devises designed to discourage physical contact along its length.

(2)

SMOOTH RAIL, SPLIT RAIL, MILLED RAIL or CONTEMPORARY RAIL FENCE. A fence constructed of narrow, whole or split wooden timbers or boards placed horizontally between upright supporting posts. Smooth rail, split rail, milled rail or contemporary rail fences may have supplemental wire fencing or mesh attached to the interior of the fence. Such wire shall be painted or coated black. For the purpose of improved containment, the opening size shall be not less than 3" X 3" and designed in a horizontal grid.

(3)

WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.

(5)

RADIO CONTROLLED GATE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled gates are exempt from these regulations.

(4)

RETAINING WALL. A wall composed of wood, stone, brick or other masonry material designed to hold back a portion of higher ground from a lower one. A retaining wall permits two uneven levels to be placed adjacent to each other with an abrupt vertical change between them.

(5)

ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area.

7.3.

Regulation on Use.

1.

Regulations—general. Except as otherwise specifically permitted herein, no fence or wall shall exceed six feet in height. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.

a.

The fence, wall, or hedge shall not be permitted to encroach upon public rights-of-way or easements or no build zones, conservation/no disturb zones. The fence, wall, or hedge shall not be located so as to adversely affect the vision of drivers on the public streets or from driveways intersecting public streets.

b.

The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.

2.

Permitted fencing. Fences shall be permitted in required setbacks as follows, except as otherwise provided in the zoning regulations.

a.

Open fences.

i.

Open or partially open (ornamental or decorative) fences shall be permitted in all zoning districts and shall be no greater than six feet in height above the established grade. The partially open or open fence may be located anywhere within the buildable area of the lot. If the Administrator determines that a maintenance conflict would be created by the construction of a fence along the property line, he may require conditions including, but not limited to a setback from the property line or the installation of a gate within the fence.

ii.

Open fences within the front or corner-side yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections.

b.

Solid fences. Solid fences shall be permitted in all zoning districts only in side and rear yards. Solid fences shall be no greater than six feet in height, unless otherwise permitted herein. Brick, stone or masonry walls are permitted forward of the building line along scenic roadways but cannot exceed three feet in height. Solid fences within the front or corner-side yard shall be safely placed so as not to obstruct visibility at driveway or roadway intersections and shall not exceed four feet in height. If the Administrator determines that a maintenance conflict would be created by the construction of a fence along the property line, he may require conditions including, but not limited to a setback from the property line or the installation of a gate within the fence.

c.

Chain link fences. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet above the established grade. If the Administrator determines that a maintenance conflict would be created by the construction of a fence along the property line, he may require conditions including, but not limited to a setback from the property line or the installation of a gate within the fence.

d.

Hedges. Hedges shall be permitted in all zoning districts. Hedges shall not be located within any no build zone, conservation zone/no disturb zone, drainage easement, floodway, flood plain or other area that would be detrimental to the public health, safety or welfare.

e.

Arbor; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard which abuts a street and forward of the structure provided that:

i.

The maximum height is eight feet;

ii.

The maximum width is five feet;

iii.

The maximum depth is three feet; and

iv.

The surface of the arbor or trellis shall be a least 50% open.

3.

Prohibited fencing.

a.

Electrified, barbed wire, razor wire, and stockade fences are hereby prohibited in all zoning districts.

4.

Required fencing.

a.

Screening fence. A fence, wall or hedge to restrict the view of service structures or elements required by Article 9, Section 4.6 shall comply with the standards in that section. Screening fences shall be constructed of stone, brick, masonry, wood or other approved material.

b.

Swimming pools. Swimming pools located within all zoning districts of the municipality shall be surrounded by open ornamental fences or a solid fence provided the solid fence is no higher than six feet and otherwise complies with the regulations herein and the building and zoning code regulations. All openings, and material with the fence, shall be provided with latches and permanent locks.

5.

Other fencing. The Zoning Administrator or designee may permit other fences similar in character and design to one or more of the permitted fences herein, upon application.

7.4.

Permit and Inspection. Any fences that may be permitted shall require the issuance of a permit by the Zoning Administrator or designee after the same has been approved.

1.

Upon permit application, each property owner shall provide the following:

a.

Name and address of the owner of the lot for which the permit is requested.

b.

Name and address of the person, firm or corporation that will carry out the actual installation.

c.

An overall plot plan including the shape and dimensions of the lot together with the location, material, height and location of all proposed and existing fences, potential visibility conflicts and the drainage flow across the lot. Section and elevation views of the proposed fence detailing its construction and method of fixture to the ground should also be submitted, as determined by the Administrator.

Upon obtaining a building permit and constructing the fence, the property owner shall ascertain that the fence thus constructed does not deviate from the plans as approved by the Zoning Administrator or designee issuing permits and does not encroach upon another lot or parcel of land. The town shall furnish such inspection, as is deemed necessary, to determine that the fence is constructed in accordance with plans submitted for permit, provided however, that such determination by the municipality shall not be construed to mean the town has verified the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him/her herein.

7.5.

Maintenance. Permitted fences, walls, shrubbery, hedges or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls, shrubbery, hedge or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall.

7.6.

Compliance Required; Conflicting Provisions.

1.

Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this subchapter and building code provisions applicable to fences.

2.

If these standards conflict in any way with the standards in any planned development zoning text, then the most restrictive standards shall prevail. Standards in this section applicable to matters not covered in the planned development zoning text shall also apply.